comparison of ppvfr and the indian patents act

7/27/2019 Comparison of PPVFR and the Indian Patents Act

1/14

PVPFR ACT, A SUI GENERISSYSTEM

Law made for a specific purpose

Chosen as an alternative to amending the Patents ActSui Generis law an option under Article 27 of the

TRIPS Agreement and the UPOV Convention


2/14

SUI GENERIS SYSTEM

PVPFR enacted so as to enable a law more

suitable to Indian Conditions as farming

here is done mostly on subsistence basis

rather than the Agribusiness model in theWest

Instead of a patent, it is called a registration.

Not so many rights as a patent for

commercialization, has regulatory

interferences


3/14

MONSANTOS PATENT APPLICATIONFORA

CLIMATE RESILIENT PLANT

A Transgenic plant with resistance to cold,

heat, draught and salt.

Patent Claim was rejected by the IPAB on

5th July 2013Rejected due to lack of inventive step

Claims fall under essential biological

processes of regeneration and selectionPatent Office it was just a mere discovery of

a property under Sec 3(d) of the Patents Act


4/14

MONSANTO APPLICATION

Mere employment of a cold shock protein, is

a known process

Indian Farmers have been growing such

varieties in the coastal areas for a milleniaTraditional farming does have significant

human intervention unlike claimed by

Monsanto

Basically an attempt at Bio Piracy


5/14

GM CROPSIN INDIA

Bt Cotton

Bacillus Thuringenesis, a process which

produces insecticide within the Plant.

Conflicting Studies withing China aboutprofit halving, even in India.

Bt Brinjal

GM Bananas from Australia


6/14

THE SEED BILL

Meant to update the Seeds Act of 1966

Registration of all seeds necessary

Seeds have to meet certain minimum standards,

as maybe prescribed. Protection under the Consumer Protection Act.

Every Seed Dealer, producer and horticulture

nursery.

Provision for Seed Inspector Prohibition of Terminator Technology

(GURT)(Transgenic Varieties)


7/14

THE SEED BILL

Establishment of Seed Committees at the state and

Central Level to look into the Registration of

varieties

Establishment of National Seed Registries

Import and Export to be regulated under Plant

Quarantine Order 2003

Self Accreditation of Seeds

Amended to include only State Controlled Agencies

State Seed Certification Agencies


8/14

THE SEED BILL

All Seeds have to be registered with

government.

Registration lasts for

10 years for Annual/Biennial Crops

12 years for long duration perennial crops


9/14

RIGHTSANDOBLIGATIONSOF FARMERS

UNDERTHE BILL

Farmers can exchange, sell, share but only

in unbranded form, also have to meet

minimum standards.

Seed Inspectors without warrants canconduct search and seizure, break open

doors and containers, violating the Crpc.

(Amended.)

Right of Compensation to farmers for failed

crops, non existent in the current act in force


10/14

THE SEED BILL

Seeds are required to fulfill a minimum

germination requirement, failing which it

shall be considered to be a failed seed and

a violation of the Act, applies to all sellers ofseeds

Pricing of Seeds with regard to Levy of

Royalty unregulated, except in the Andhra

Pradesh Seed Bill


11/14

CONFLICTBETWEEN PPVFRAND THE SEED

BILL

Definition of Farmer more inclusive and

progressive in PVPFR

Maintenance of Registry of Plant Varieties

by the PVPFR authority while the CSC shallmaintain a Seed Registry


12/14

SOCIALANDENVIRONMENTAL IMPACTSOF

GM CROPS

Prices of Bt Cotton Seeds have about 45%

as Royalty Component

According to many sources Prices of Cotton

seeds have increased up to 8000% in someinstances

Virtual Annihilation of Traditional Varieties of

Seeds and plants

Farmer Debt and resultant suicide highest in

the cotton belt


13/14


GM CROPS

Farmers forced to buy seed from the same

company

Glorified Claims of Productivity

Creation of Slums in cities, exodus fromvillages to urban areas and avenues

Farmers in Gujarat accused of Biopiracy by

Monsanto, after pollen from Bt Cottoncontaminated their crops


14/14


GM CROPS

Basically GM crops do not restrict

themselves to the cultivated area, and

contaminate organic varieties

Gm varieties more resilient to herbicidesand thrive under some extreme climatic

circumstances leading to possible creation

of Super Weed

Claims of reduction in pesticide use is being

refuted by farmers and experts, it also leads

to GM/BT resistant pests.

comparison of ppvfr and the indian patents act

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